PC who sprayed man descending tower block sentenced

Albert Barnes House in SouthwarkImage source, Google
Image caption,

The officer had forced entry into Carl Cumberbatch's flat in Albert Barnes House

At a glance

  • A Met PC has avoided a jail sentence after being convicted of two counts of assault for spraying a suspect with a substance

  • The suspect was trying to evade arrest by climbing down a drainpipe on a block of flats

  • The police watchdog said the man could have fallen to his death

  • A district judge said the PC's actions were not a "deliberate or malicious use of power"

  • Published

A Met Police officer who sprayed a suspect who was trying to evade arrest with an incapacitating liquid has avoided a jail sentence.

PC Luke Wenham used PAVA spray, which is similar to pepper spray, on the man as he climbed down a drainpipe on a high-rise block of flats in Southwark on 17 August.

PC Wenham, 31, of Dartford, Kent, who was previously convicted of two counts of common assault, was handed a one-year community order at Westminster Magistrates' Court.

The effects of the substance, which can include temporary blindness and weakness of the legs, could have had "fatal consequences", the police watchdog said.

Image source, PA Media
Image caption,

The victim told Westminster Magistrates' Court: "It feels like they tried to kill me"

The community order means Wenham must carry out 15 days of rehabilitation activities, wear an electronic tag for three months and do 100 hours of unpaid work.

The court heard the officer had forced entry into the flat on the 12th floor of Albert Barnes House to arrest a man on suspicion of committing knifepoint robberies.

He then sprayed the suspect after he climbed out of a window and began to shimmy down the drainpipe.

The man was sprayed again as he reached a seventh-floor balcony and threatened to throw himself off, the hearing was told.

After a standoff lasting several hours, the suspect climbed down of his own accord.

'Victim was vulnerable'

Sentencing Wenham, District Judge Louisa Cieciora told him he had avoided a custodial sentence because his actions were not a "deliberate or malicious use of power".

Judge Cieciora said: "The victim was obviously vulnerable due to the location at the time of the assault.

"Police do have an obligation to protect members of the public and you failed to do so on this occasion."

The Met Police previously said the officer was already on restricted duties and misconduct proceedings would now begin.